Deportation Orders: 7 Critical Points You Need to Know – The Subtleties of the Legal Process
Deportation orders are one of the important and serious legal sanctions that a country takes on immigrants or foreign nationals. Such decisions include that the individual must leave the country they are in and may be prohibited from returning. However, there are appeal rights, legal processes and issues to be considered against deportation orders. Here are seven critical points you need to know about deportation orders:
What is a Deportation Order?
Definition: A deportation order is a decision by a state to remove a foreign person from their country for certain reasons. It is usually applied in cases such as maintaining public order, committing a crime or illegal entry into the country.
Basic Reasons:
Visa Violations: Not having a valid visa or exceeding the visa period.
Committing a Crime: Deportation orders can be issued for people who commit serious crimes.
Public Threat: It can be applied to people who pose a threat to public safety.
Why is a Deportation Order Issued?
Public Security: The state may request the deportation of foreigners who pose a threat to public security.
Illegal Immigration: Deportation orders may be issued for individuals who enter the country illegally or who violate visas.
Committing a Crime: Individuals who commit serious crimes or engage in terrorist activities may be deported.
Right to Object to Deportation Decision
Objection Process: There is a right to appeal against deportation decisions. This appeal is usually made to the institution or court that issued the decision.
Application Period: The appeal period is usually limited and must be made within a certain period of time from the decision (e.g. 15 days).
Legal Aid: The person who receives the deportation decision can obtain legal support and defend their rights by hiring a lawyer.
Implementation Process of Deportation Decision
Pre-trial Detention: The person who is about to be deported may usually be detained. During this process, the person may be held in a specific center.
Implementation Stages:
Notification of Decision: The deportation decision is officially notified to the relevant person.
Voluntary Departure: In some cases, the person may have the right to leave the country voluntarily.
Forced Exit: If voluntary departure does not occur, the person may be forcibly deported.
Rights of Deported Persons
Rights in Detention: The detained person has the right to a lawyer, to communicate with family, and to benefit from basic human rights.
Judicial Review: The deportation order is subject to judicial review. During this process, the court can review and cancel the order.
International Protection: Persons with refugee status or international protection may have additional rights against the deportation order.
Exceptions to Deportation Orders
Refugees and Asylum Seekers: Under international law, refugees and asylum seekers cannot be deported if their lives would be in danger if they returned.
Risk of Human Rights Violation: If there is a risk of torture or human rights violations in the country to which the person is to be deported, the deportation order cannot be implemented.
Family Ties: For persons with strong family ties in the country, the deportation order may be postponed or cancelled altogether.
International Legal Framework Against Deportation Decisions
European Court of Human Rights (ECtHR): An application can be made to the ECtHR regarding a deportation decision. The ECtHR can stop the decision, especially if there is a risk of torture or ill-treatment.
United Nations (UN) Human Rights Committee: An application can be made to the UN to seek international protection against a deportation decision.
